Builder to pay 80k for Deficiency in Service, Madurai HC

By Accommodation Times (

Madurai: The latest Judgment delivered by Madras High Court, Justice K Chandru dismissed the petition filed by builder and refused to set aside the order of the Madurai District Consumer Disputes Redressal Forum directing a builder to pay Rs 63,000/- to the consumer towards dificiency of services besides Rs 17,000/- as compensation for mental agony and monetary loss. In the said the Builder had entered into an agreement with the consumer and there the consumer forum had complete jurisdiction to award compensation and pass an appropriate order, which could be challenged only before the State Consumer Forum, the court said.
In one another case The Maharashtra State Consumer Disputes Redressal Commission found builder guilty of ‘Deficiency in Service’ and directed the Builders to pay Rs 7.86 lakh as damages to the aggrieved party and hand over possession of the flat.
However, the members of the Co-operative Housing Societies always face several problems of deficiency in services provided by builder. The services provided by the builder to the members are comes under the Consumer Protection Act, 1986. A member can approach the Consumer Forums for claiming compensation and damages against the builder for rendering deficient in services.
If Builder used defective raw materials for the construction and because of that reason leakage problem started then aggrieved party can go to the consumer court but it should be within two years from the day of the possession.

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